Mahabir Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30806 of 2024 Arising Out of PS. Case No.-630 Year-2023 Thana- HILSA District- Nalanda ====================================================== Mahabir Chauhan Son of Balmukund Chauhan Resident of Village- Puna, P.S.- Hilsa, Dist.- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Bhakta For the State :

Mr.Surendra Prasad Singh For the informant :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2024

1. Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Hilsa Police Station Case No. 630 of 2023, dated 29.09.2023, disclosing offences punishable under Sections 341/326/307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, as per the First Information Report, is that the petitioner and co-accused Pawan Chauhan caught the informant and co-accused Bhim Chauhan fired on his left cheek by pistol, causing gun-shot injury.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.30806 of 2024(3) dt.21-09-2024 2/3 this case due to village politics. He further submits that the allegation of firing is against co-accused Bhim Chauhan and the only overt act alleged against this petitioner is that he along with co-accused Pawan Chauhan caught the informant. He further submits that the petitioner has got no criminal antecedent. The injury report suggests that injury caused to the victim is simple in nature.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation of firing upon the informant is against coaccused Bhim Chauhan, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa (Nalanda), in connection with Hilsa Police Station Case No. 630 of 2023, subject to the condition laid down under Section

Patna High Court CR. MISC. No.30806 of 2024(3) dt.21-09-2024 3/3 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √